The Story of the Outlaw Part 9

For this killing, Jimmie Dolan, Billy Matthews and Bill Campbell were indicted and tried. Dolan and Matthews were acquitted. Campbell, in default of a better jail, was kept in the guard-house at Fort Stanton.

One night he disappeared, in company with his guard and some United States cavalry horses. Since then nothing has been heard of him. His real name was not Campbell, but Ed Richardson.

Billy the Kid did not kill John Chisum, though all the country wondered at that fact. There was a story that he forced Chisum to sign a bill of sale for eight hundred head of cattle. He claimed that Chisum owed money to the McSween fighting men, to whom he had promised salaries which were never paid; but no evidence exists that Chisum ever made such a promise, although he sometimes sent a wagonload of supplies to the McSween fighting men.

John Chisum died of cancer at Eureka Springs, Missouri, December 26, 1884, and his great holdings as a cattle king afterward became somewhat involved. He could once have sold out for $600,000, but later mortgaged his holdings for $250,000. He was concerned in a packing plant at Kansas City, a business into which he was drawn by others, and of which he knew nothing.

Major Murphy died at Sante Fe before the big fight at Lincoln. Jimmie Dolan died a few years later, and lies buried in the little graveyard near the Fritz ranch. Riley, the other member of the firm, went to Colorado, and was last heard of at Rocky Ford, where he was prosperous.

The heritage of hatred was about all that McSween left to his widow, who presently married George L. Barber, at Lincoln, and later proved herself to be a good business woman--good enough to make a fortune in the cattle business from the four hundred head of cattle John Chisum gave her to settle a debt he had owed McSween. She afterward established a fine ranch near Three Rivers, New Mexico.

Dad Peppin, known as the "Murphy sheriff" by the McSween faction, lived out his life on his little holding at the edge of Lincoln _placita_. He died in 1905. His rival, John Copeland, died in 1902. The street of Lincoln, one of the bloodiest of its size in the world, is silent.

Another generation is growing up. William Brady, Major Brady's eldest son, and Josefina Brady-Chavez, a daughter, live in Lincoln; and Bob Brady, another son of the murdered sheriff, was long jailer at Lincoln jail. The law has arisen over the ruin wrought by lawlessness. It is a noteworthy fact that, although the law never punished the partic.i.p.ants in this border conflict, the lawlessness was never ended by any vigilante movement. The fighting was so desperate and prolonged that it came to be held as warfare and not as murder. There is no doubt that, barring the border fighting of Kansas and Missouri, this was the greatest of American border wars.

Chapter XV

The Stevens County War--_The Bloodiest County Seat War of the West_--_The Personal Narrative of a Man Who Was Shot and Left for Dead_--_The Most Expensive United States Court Case Ever Tried_.

In the month of May, 1886, the writer was one of a party of buffalo-hunters bound for the Neutral Strip and the Panhandle of Texas, where a small number of buffalo still remained at that time. We traveled across the entire southwestern part of Kansas, below the Santa Fe railroad, at a time when the great land boom of 1886 and 1887 was at its height. Town-site schemes in western Kansas were at that time innumerable, and a steady stream of immigration was pouring westward by rail and wagon into the high and dry plains of the country, where at that time farming remained a doubtful experiment. In the course of our travels, we saw one morning, rising before us in the mirage of the plains, what seemed to be a series of crenelated turrets, castles peaked and bastioned. We knew this was but the mirage, and knew that it must have some physical cause. But what was a town doing in that part of the world? We drove on and in a few hours found the town--a little, raw boom town of unpainted boards and tents, which had sprung up almost overnight in that far-off region. The population was that of the typical frontier town, and the p.r.o.nounced belief of all was that this settlement was to be the commercial metropolis of the Southwest. This little town was later known as Woodsdale, Kansas. It offered then no hint of the b.l.o.o.d.y scenes in which it was soon to figure; but within a few weeks it was so deeply embroiled in war with the rival town of Hugoton as to make history notable even on that turbulent frontier.

Mr. Herbert M. Tonney, now a prosperous citizen of Flora, Illinois, was a resident of that portion of the country in the stirring days of the land boom, and became involved to an extent beyond his own seeking in this county seat fight. While serving as an officer of the peace, he was shot and left for dead. No story can serve so well as his personal narrative to convey a clear idea of the causes, methods and results of a typical county seat war in the West. His recountal follows:

"I do not need to swear to the truthfulness of my story, for I have already done so in many courts and under the cross-examination of some of the ablest lawyers in the country. I have repeated the story on the stand in a criminal case which cost the United States government more money than it has ever expended in any similar trial, unless perhaps that having to do with the a.s.sa.s.sination of President Lincoln. I can say that I know what it is to be murdered.

"In March, 1886, I moved out into southwestern Kansas, in what was later to be known as Stevens county, then a remote and apparently unattractive region. In 1885 a syndicate of citizens of McPherson, Kansas, had been formed for the purpose of starting a new town in southwestern Kansas.

The members were leading bankers, lawyers, and merchants. These sent out an exploration party, among which were such men as Colonel C. E. Cook, former postmaster of McPherson; his brother, Orrin Cook, a lawyer; John Pancoast, J. B. Chamberlain, J. W. Calvert, John Robertson, and others.

They located a section of school lands, in what was later known as Stevens county, as near the center of the proposed county as the range of sand dunes along the Cimarron river would permit. Others of the party located lands as close to the town site as possible. On August 3, 1886, Governor Martin issued a proclamation for the organization of Stevens county. It appeared upon the records of the State of Kansas that the new county had 2,662 _bona-fide_ inhabitants, of whom 868 were householders.

These claimed a taxable property, in excess of legal exemptions, amounting to $313,035, including railroad property of $140,380. I need not state that the organization was wholly based upon fraud. An election was called for September 9, and the town of Hugoton--at first called Hugo--was chosen.

"There can be compet.i.tion in the town-site business, however. At Mead Center, Kansas, there resided an old-time Kansas man, Colonel S. N.

Wood, who also wanted a town site in the new county. Wood's partner, Captain I. C. Price, went down on July 3 to look over the situation. He was not known to the Hugoton men, and he was invited by Calvert, the census taker, to register his name as a citizen. He protested that he was only a visitor, but was informed that this made no possible difference; whereupon, Price proceeded to register his own name, that of his partner, those of many of his friends, and many purely imaginary persons. He also registered the families of these persons, and finally--in a burst of good American humor--went so far as to credit certain single men of his acquaintance with large families, including twenty or thirty pairs of twins! This cheerful imagination on his part caused trouble afterwards; but certain it is that these fict.i.tious names, twins and all, went into the sworn records of Hugoton--an unborn population of a defunct town, whose own conception was in iniquity!

"Price located a section of government land on the north side of the sand hills, eight miles from Hugoton, and this was duly platted for a town site. Corner lots were selling at Hugoton for $1,000 apiece, and people were flocking to that town. The new town was called Woodsdale, and Colonel Wood offered lots free to any who would come and build upon them. Settlers now streamed to Woodsdale. Tents, white-topped wagons and frail shanties sprung up as though by magic. The Woodsdale boom attracted even homesteaders who had cast in their lot with Hugoton. Many of these forgot their oaths in the land office, pulled up and filed on new quarter sections nearer to Woodsdale. The latter town was jubilant.

Colonel Wood and Captain Price, in the month of August, held a big ratification meeting, taunting the men of Hugoton with those thirty pairs of twins that never were on land or sea. A great deal of bad blood was engendered at this time.

"Soon after this Wood and Price started together for Garden City. They were followed by a band of Hugoton men and captured in a dugout on the Cimarron river. Brought back to Hugoton, a mock trial was held upon them and they were released on a mock bond, being later taken out of town under guard. A report was printed in the Hugoton paper that certain gentlemen of that town had gone south with Colonel Wood and Captain Price, 'for the purpose of a friendly buffalo hunt.' It was the intention to take these two prisoners into the wild and lawless region of No Man's Land, or the Panhandle of Texas, there to kill them, and to bring back the report that they were accidentally killed in the buffalo chase. This strange hunting party did go south, across No Man's Land and into the desert region lying around the headwaters of the Beaver.

The prisoners knew what they were to expect, but, as it chanced, their captors did not dare kill them. Meantime, Woodsdale had organized a 'posse' of twenty-four men, under Captain S. O. Aubrey, the noted frontier trailer, formerly an Indian scout. This band, taking up the trail below Hugoton, followed and rescued Wood and Price, and took prisoners the entire Hugoton 'posse.' The latter were taken to Garden City, and here the law was in turn set at defiance by the Woodsdale men, the horses, wagons, arms, etc., of the Hugoton party being put up and sold in the court to pay the board of the teams, expenses of publication, etc. Colonel Wood bought these effects in at public auction.

"By this time, Stevens county had been organized and the Hugoton 'pull'

was in the ascendency. A continuance had been taken at Garden City by the Hugoton prisoners, who were charged with kidnapping. The papers in this case were sent down from Finney county to the first session of the District Court of Stevens county. The result was foregone. Tried by their friends, the prisoners were promptly discharged.

"The feeling between the two towns was all the time growing more bitter.

Cases had been brought against Calvert, the census-taker, for perjury, and action was taken looking toward the setting aside of the organization of the county. The Kansas legislature, however, now met, and the political 'pull' of Hugoton was still strong enough to secure a special act legalizing the organization of Stevens county. It was now the legislature against the Supreme Court; for a little later the Supreme Court declared that the organization had been made through open fraud and by means of perjury.

"Naturally, trouble might have been expected at the fall election. There were two centers of population, two sets of leaders, two clans, separated by only eight miles of sand hills. There could be but one county seat and one set of officers. Here Woodsdale began to suffer, for her forces were divided among themselves.

"Colonel Wood, the leader of this community, had slated John M. Cross as his candidate for sheriff. A rival for the nomination was Sam Robinson, who owned the hotel at Woodsdale, and had invested considerable money there. Robinson was about forty years of age, and was known to be a bad man, credited with two or three killings elsewhere. Wood had always been able to flatter him and handle him; but when Cross was declared as the nominee for sheriff, Robinson became so embittered that he moved over to Hugoton, where he was later chosen town marshal and township constable.

Hugoton men bought his hotel, leaving Robinson in the position of holding real estate in Woodsdale without owning the improvements on it.

Hence when the town-site commissioners began to issue deeds, Robinson was debarred from claiming a deed by reason of the hotel property having been sold. Bert n.o.bel, a friend of Robinson's, sold his drug store and moved over with Robinson to Hugoton. Hugoton bought other property of Woodsdale malcontents, leaving the buildings standing at Woodsdale and taking the citizens to themselves. The Hugoton men put up as their candidate one Dalton, and declared him elected. Wood contested the election, and finally succeeded in getting his man Cross declared as sheriff of Stevens county.

"It was now proposed to issue bonds for a double line of railroad across this county, such bonds amounting to eight thousand dollars per mile. At this time, the population was largely one of adventurers, and there was hardly a foot of deeded land in the entire county. In the discussion over this bond election, Robinson got into trouble with the new sheriff, in which Robinson was clearly in the wrong, as he had no county jurisdiction, being at the time of the altercation outside of his own township and town. Later on, a warrant for Robinson's arrest was issued and placed in the hands of Ed Short, town marshal of Woodsdale.

Short was known as a killer, and hence as a fit man to go after Robinson.[I] He went to Hugoton to arrest Robinson, and there was a shooting affair, in which the citizens of Hugoton protected their man.

The Woodsdale town marshal, however, still retained his warrant and cherished his purpose of arresting his man.

[Footnote I: This man, Ed. Short, later came to a tragic end. A man of courage, as has been intimated, he had a.s.sisted in the capture of a member of the famous Dalton gang, one Dave Bryant, who had robbed a Rock Island express train, and was taking him to Wichita, Kansas, to jail. On the way Short had occasion to go into the smoker of the train, leaving the prisoner in charge of the express messenger, whom Short had furnished with a revolver. By some means Bryant became possessed of this revolver, held up the messenger, and was in the act of jumping from the swiftly moving train, when Short came out of the smoker. Catching sight of Short, Bryant fired and struck him, Short returning the fire, and both falling from the train together, dead.]

"On July 22 of this year, 1888, Short learned that Sam Robinson, the two Cooks, and a man by the name of Donald, together with some women and children, had gone on a picnic down in the Neutral Strip, south of the Stevens county line. Short raised a 'posse' of four or five men and started after Robinson, who was surprised in camp near Goff creek. There was a parley, which resulted in Robinson escaping on a fast horse, which was tied near the shack where he was stopping with his wife and children. Short, meantime, had sent back word to Woodsdale, stating that he needed help to take Robinson. Meantime, also, the Hugoton men, learning that Short had started down after Robinson, had sent out two strong parties to rescue the latter. A battle was imminent.

"It was at this time that I myself appeared upon the scene of this turbulent and lawless drama, although, in my own case, I went as a somewhat unwilling partic.i.p.ant and as a servant of the law, not antic.i.p.ating consequences so grave as those which followed.

"The sheriff of the county, John M. Cross, on receiving the message from Short, called for volunteers, which was equivalent to summoning a 'posse.' He knew there was going to be trouble, and left his money and watch behind him, stating that he feared for the result of his errand.

His 'posse' was made up of Ted Eaton, Bob Hubbard, Rolland Wilc.o.x, and myself. At that time I was only a boy, about nineteen years of age.

"We had a long and hard ride to Reed's camp, on Goff creek, whence Short had sent up his message. Arriving there, we found Reed, who was catching wild horses, together with a man by the name of Patterson and another man, but Short was not in sight. From Reed we learned that Robinson had gotten away from Short, who had started back, leaving word for Mr.

Cross, should he arrive, to return home. A band of men from Hugoton, we learned later, had overtaken Short and his men and chased them for twenty-five miles, but the latter reached Springfield, Seward county, unharmed.

"Robinson, who had made his escape to a cow camp and thence to Hugoton upon a fresh horse, now met and led down into the Strip one of the first Hugoton 'posses.' Among them were Orrin Cook, Charles Cook, J. W.

Calvert, J. B. Chamberlain, John Jackson, John A. Rutter, Fred Brewer, William Clark, and a few others. Robinson was, of course, the leader of this band.

"After Sheriff Cross asked me to go down with him to see what had become of Ed Short, I went over and got Wilc.o.x and we rode down to the settlement of Voorhees. Thence we rode to Goff creek, and all reached Reed's camp about seven or eight o'clock on Wednesday morning, July 25, 1888. Here we remained until about five o'clock of that afternoon, when we started for home. Our horses gave out, and we got off and led them until well on into the night.

"At about moonrise, we came to a place in the Neutral Strip known as the 'Hay Meadows,' where there was a sort of pool of standing water, at which settlers cut a kind of coa.r.s.e hay. There was in camp there, making hay, an old man by the name of A. B. Haas, of Voorhees, and with him were his sons, C. and Keen Haas, as well as Dave Scott, a Hugoton partisan. When we met these people here, we concluded to stop for a while. Eaton and Wilc.o.x got into the wagon-box and lay down. My horse got loose and I was a few minutes in repicketing him. I had not been lying down more than twenty minutes, when we were surprised by the Hugoton 'posse' under Robinson. The latter had left the trail, which came down from the northeast, and were close upon us. They had evidently been watching us during the evening with field-gla.s.ses, as they seemed to know where we had stopped, and had completely surrounded us before we knew of their being near us.

"The first I heard was Cross exclaiming, 'They have got us!' At that time there was shooting, and Robinson called out, 'Boys, close in!' He called out to Cross, 'Surrender, and hold up your hands!' Our arms were mostly against the haystacks. Not one of us fired a shot, or could have done so at that moment.

"Sheriff Cross, Hubbard, and myself got up and stood together. We held up our hands. They did not seem to notice Wilc.o.x and Eaton, who were lying in the wagon. Robinson called out to Cross, 'Give up your arms!'

"'I have no arms,' replied Cross. He explained that his Winchester was on his saddle and that he had no revolver.

"'I know better than that,' said Robinson. 'Search him!' Some one of the Hugoton party then went over Cross after weapons, and told Robinson that he had no arms.

"'I know better,' reiterated Robinson. The others stood free at that moment, and Robinson exclaimed, 'Sheriff Cross, you are my first man.'

He raised his Winchester and fired at Cross, a distance of a few feet, and I saw Cross fall dead at my side. It was all a sort of trance or dream to me. I did not seem to realize what was going on, but knew that I could make no resistance. My gun was not within reach. I knew that I, too, would be shot down.

[Ill.u.s.tration: THE McSWEEN STORE AND BANK; PROMINENT IN THE LINCOLN COUNTY WAR]

"Hubbard had now been disarmed, if indeed he had on any weapon. Robinson remarked to him, 'I want you, too!' and as he spoke he raised his Winchester and shot him dead, Hubbard also falling close to where I stood, his murderer being but a few feet from him.

"I knew that my turn must come pretty soon. It was Chamberlain who was to be my executioner, J. B. Chamberlain, chairman of the board of county commissioners of Stevens county, and always prominent in Hugoton matters. Chamberlain was about eight feet from me, or perhaps less, when he raised his rifle deliberately to kill me. There were powder burns on my neck and face from the shot, as the woman who cared for me on the following day testified in court.

"I saw the rifle leveled, and realized that I was going to be killed.

Instinctively, I flinched to one side of the line of the rifle. That saved my life. The ball entered the left side of my neck, about three-quarters of an inch from the carotid artery and about half an inch above the left clavicle, coming out through the left shoulder. I felt no pain at the time, and, indeed, did not feel pain until the next day. The shock of the shot knocked me down and numbed me, and I suppose I lay a minute or two before I recovered sensation or knew anything about my condition. It was supposed by all that I was killed, and, in a vague way, I agreed that I must be killed; that my spirit was simply present listening and seeing.

"Eaton had now got out of the wagon, and he started to run towards the horses. Robinson and one or two others now turned and pursued him, and I heard a shot or so. Robinson came back and I heard him say, 'I have shot the ---- ---- ---- who drew a gun on me!'

"Then I heard the Hugoton men talking and declaring that they must have the fifth man of our party, whom they had not yet found. At this time, old man Haas and his sons came and stood near where I was and saw me looking up. The former, seeing that I was not dead, asked me where I had been shot. 'They have shot my arm off,' I answered him. At this moment I heard the Hugoton men starting toward me, and I dropped back and feigned death. Haas did not betray me. The Hugoton men now lit matches and peered into the faces of their victims to see if they were dead. I kept my eyes shut when the matches were held to my face, and held my breath.